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Case C-118/08: Judgment of the Court (Grand Chamber) of 26 January 2010 (Reference for a preliminary ruling from the Tribunal Supremo — Spain) — Transportes Urbanos y Servicios Generales SAL v Administración del Estado (Procedural autonomy of the Member States — Principle of equivalence — Action for damages against the State — Breach of European Union law — Breach of the Constitution)
ECLI:EU:UNKNOWN:62008CA0118
62008CA0118
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13.3.2010
Official Journal of the European Union
C 63/4
(Case C-118/08) (<span class="super">1</span>)
(Procedural autonomy of the Member States - Principle of equivalence - Action for damages against the State - Breach of European Union law - Breach of the Constitution)
2010/C 63/06
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Transportes Urbanos y Servicios Generales SAL
Defendant: Administración del Estado
Re:
Reference for a preliminary ruling — Tribunal Supremo (Spain) — Infringement by a Member State of the rights granted to individuals under European Union law — Obligation to remedy the damage caused — An act contrary to the constitution of a Member State and an act contrary to European Union law — Principles of equivalence and effectiveness
Operative part of the judgment
European Union law precludes the application of a rule of a Member State under which an action for damages against the State, alleging a breach of that law by national legislation which has been established by a judgment of the Court of Justice of the European Communities given pursuant to Article 226 EC, can succeed only if the applicant has previously exhausted all domestic remedies for challenging the validity of a harmful administrative measure adopted on the basis of that legislation, when such a rule is not applicable to an action for damages against the State alleging breach of the Constitution by national legislation which has been established by the competent court.
* * *
(<span class="super">1</span>) OJ C 128, 24.5.2008.